ARTICLE
5 June 2024

U.S. Patent And Trademark Office Rejects 'Contingent' Terminal Disclaimer

David Barr and Kaitlyn Rodnick published "U.S. Patent and Trademark Office Rejects 'Contingent' Terminal Disclaimer" in the June 2024 issue of the Intellectual Property & Technology Law Journal.
United States New York Intellectual Property

David Barr and Kaitlyn Rodnick published “U.S. Patent and Trademark Office Rejects 'Contingent' Terminal Disclaimer” in the June 2024 issue of the Intellectual Property & Technology Law Journal.  The following is an excerpt:

The U.S. Patent and Trademark Office (USPTO) has rejected a “contingent” terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type double patenting. The USPTO ruled that terminal disclaimers could not be made contingent on the occurrence of a future event, in this case the outcome of a double patenting invalidity challenge to the subject patent.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More